Komal Samrat Shardul v. Samrat Popatrao Shardul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.112 OF 2025 Komal Samrat Shardul ... Applicant V/s.
Samrat Popatrao Shardul ... Respondent ____________________________________ Ms. Pornima P. More, Advocate for the Applicant. None for the Respondent.
____________________________________
CORAM
: RAJESH S. PATIL, J.
DATED : 25th September 2025 P.C.:
1.
This transfer petition has been filed by the Applicant-Wife of Respondent seeking transfer of Marriage Petition No.257 of 2018 pending before the Civil Judge, Senior Division at Thane to Family Court at Nashik.
2.
It is the case of the Applicant that she is unemployed and is residing with her parents and unmarried elder sister at Nashik, along with her daughter of 7 years age. It is submitted that a daughter is studying in school at Nashik.
3.
It is further submitted that the Respondent-Husband is working at Thane and is also residing at Mira Road. The Husband has in order to harass the Applicant-Wife filed divorce proceedings at Mira Road. The distance between Mira Road to Nashik is around
150 k.m.
4.
It is inconvenience to the Applicant to travel alone to Mira Road to attend Court proceedings as there is no male member in the family who could accompany her to attend hearings at Mira Road.
5.
He further submitted that interim maintenance order has been passed against the Respondent-Husband in the divorce proceedings filed by the husband and at present outstanding amount is Rs.12,10,000/- which is not paid by the RespondentHusband. 6.
Though served none appears on behalf of the Respondent. On 15th September 2025 none appeared for the Respondent. Even today none appeared for the Respondent. It appears that Respondent is purposely not attending the present proceedings. 7.
Having heard counsel for the Applicant I am convinced that this a case where the proceedings filed by the Husband at Thane should be transferred to Family Court at Nashik. As the Applicant is staying along with her 7 years old daughter in her parent's house at Nashik, and there is no male member in the family to accompany the Applicant. The distance between Nashik and Thane Court is around 150 k.m.
8.
Supreme Court in the Judgment of N.C.V. Aishwarya Vs. A. S. Saravana Karthik Sha reported in 2022 SCC OnLine SC 1199 has held that convenience of the wife should be considered while deciding the transfer petition. Para 9 of the said Judgement which read as under:
9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances oof both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer. (Emphasis Supplied) 9.
Hence, the Miscellaneous Civil Application is allowed in terms of prayer clauses (b) and (c).
10.
The Civil Judge, Senior Division, Thane is directed to transfer the paper and proceedings of Marriage Petition No.257 of 2018, and Special Darkhast No.25 of 2024, to Civil Judge, Senior Division of Principal Judge, Family Court, Nashik, within four weeks from today.
11.
Both the Marriage Petitions No.257 of 2018 and Special Darkhast No.25 of 2024 is here by expediated. (RAJESH S. PATIL, J.)